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2025 DAILYLAW 49149 (AP)

M/S PSR INDUSTRIES v. UNION BANK OF INDIA

WP/31110/2024 · 2025-01-08

Dhiraj Singh Thakur, R Raghunandan Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITIONNO: 31110 OF 2024 Between: 1. M/S PSR Industries, Rep by Prop. N. Sudhakara Rao, R.S. No. 335/1, Near D.No. 2-15/1, Mallaparaju Peta, Ganapavaram Mandal, W. g’ District-534186 2. N. Sudhakara Rao, R.S. No. 335/1, Near D.No. 2-15/1, Mallaparaju Peta, Ganapavaram Mandal, W. G. District-534186 3. R Rama Sirisha, W/o. N. Ram Babu, H. No. 2-15/1, Mallaparaju Peta, Appannapeta, Keswaram, Ganapavaram Mandal, W. G. District-534186 4. R. Sujatha, W/o. Suri Babu, H. No. 2-15/1 . Mallaparaju Peta, Appannapeta, Keswaram, Ganapavaram Mandal, W. G. District-534186 5. N. Rambabu, S/o. Papa Rao, H. No. 2-15/1, Mallaparaju Appannapeta, Keswaram, Ganapavaram Mandal W. G. District-534186 Peta, ...Petitioners AND 1. Union Bank of India, Rep by its Authorized Officer, Yendagandi Branch Undi Mandal, W.G. District - 534186 2. Ms. Marisetti Bhanu Tejaswini, D/o Venkata Ramakrishna, R/o Door No.2-123, Anjaneya Temple, Nallajerla, East Godavari Dist A P - 534112 3. Mr. Marisetti Satyanarayana, S/o Veeraju R/o Door NO.2-122/A, Nallajerla, East Godavari Dist., A.P - 534112 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith the High Court may be pleased to issue a writ order or direction, one more particularly in the nature of “Writ of Mandamus” declaring the action of the 1®* Respondent in conducting the Auction dated 12-06-2024, for auction of schedule property as annexed along with this Writ Petition as Schedule of Property, belonging to the Petitioners as being illegal, arbitrary, and may further be pleased to direct the Respondent Bank to cancel the Sale Registrations made by the Respondent Bank by, invoking the provisions . of SARAESI Act, to one Miss Marisetti Bhanu Tejaswini and further declare the transfer by way of Gift by the Auction Purchaser to one Mr. Marisetti Satyanarayana as void and illegal and direct the Respondent disclose the actual outstanding dues of the Petitioner for clearing the loan. Alternatively, grant STATUS QUO order for the Scheduled and direct the Respondent Bank and other Respondents to not disturb the peaceful possession of the Schedule Property by the Petitioner and to further direct the Respondent Bank to not initiate other Properties held as security by the Petitioners with Bank. Writ of Bank to said Property any actions against the the Respondent lA NO: 1 OF 2024 Petition under Section 151 CPC stated in the affidavit filed i pleased to grant stay all further proceedings Notice dated 15.05.2024 under Rule 8(6) of Security Interest Rule 2002 issued by the 1®’ Respondent. Counsel for the Petitioners: SRI SAMIREDDY SAI Counsel for the Respondents: M/s V DYUMANI The Court made the following order: praying that in the circumstances in support of the petition, the High Court may be pursuant to the E - Auction (Enforcement) SARAT CHANDRA APHC010594762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-76 [3446] WRIT PETITION NO: 31110 of 2024 M/s. PSR Industries and others ...Petitioners Vs. Union Bank of India and others ...Respondents ********** Advocate for Petitioners Mr. Samireddy Sai Sarat Chandra Mrs. V. Dyumani Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 9th January 2025 PC : Learned counsel for the petitioners states that although the petitioner has approached the Debts Recovery Tribunal, Visakhapatnam, by way of Securitization Application vide S.A.No.147 of 2024, which is pending before the DRT for the last one year, no interim orders have been passed in I.A. and that during the pendency of the S.A., one property has since been sold and the sale has been confirmed. 2. It is stated that since the petitioner is not protected pending the final disposal of the I.A.No.1482 of 2024, the proceedings before the D.R.T. shall be rendered academic. \ 2 HCJ & RRRJ W.P.No.31110of2024' ^ Considering the peculiar facts and circumstances of the case, we 3. dispose of the petition with a direction to the Debts Recovery Tribunal Visakhapatnam, to pass appropriate speaking orders in I.A.No.1482 of 2024 in S.A.No.147 of 2024 within a period of one (1) month and till such time the orders are passed, Status Quo shall be maintained with regard to the property in question. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Authorized Officer, Union Bank of India, Yendagandi Branch, Undi Mandal, W.G. District - 534186. 2. One CC to Sri Samireddy Sai Sarat Chandra, Advocate [OPUC] 3. One CC to M/s V Dyumani, Advocate [OPUC] 4. Two CD Copies RAM HIGH COURT DATED:09/01/2025 ORDER k 1 6 JAN 2025 . Current Section WP.No.31110 of 2024 DISPOSING OF THE WP WITHOUT COSTS